Prosecutors won't go after CHP officer accused of rape

Prosecutors won't go after CHP officer accused of rape »Play Video
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BAKERSFIELD, Calif. (KBAK/KBFX) — A former California Highway Patrol officer accused of sexual assault won't face prosecution.

The Kern County District Attorney's office said Friday that it isn't filing charges against Jose Davila due to "insufficient evidence."

Davila allegedly forced himself on a drunk woman in September instead of arresting her for driving under the influence. Davila and his partner allegedly followed the woman home after a DUI traffic stop in the area of Highway 99 and Merle Haggard Drive.

The woman accused Davila of raping her in her bedroom. The other CHP officer, Roald Lopez, allegedly waited in the woman's living room.

After a two-month investigation, the Kern County Sheriff's Office recommended charges of assault under the color of authority be filed against Davila. The sheriff's office didn't say why it didn't recommend charges against Lopez or why it didn't seek more serious charges against Davila.

"I am a little bit surprised and disappointed, because I think in this particular instance, if the sheriff's office has determined an unlawful sexual assault took place, then stronger charges are appropriate, including the charge of rape," the woman's attorney, Cleve McKnight, told Eyewitness News when the investigation wrapped in November.

Friday, county prosecutors said Davila's actions were "unprofessional and inappropriate," though they have reasonable doubt whether the incident was a criminal act or something less.

Both officers resigned in the aftermath of the assault allegations.